All appeals by the defendant and the prosecutor are dismissed.

1. Summary of grounds for appeal;

A. As to the part on the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes among the facts charged in the instant case, it is doubtful whether the Defendant received the insurance by calling to the insurance company on the part of the Defendant immediately after the accident, whether or not the Defendant had gone on the part of the victim, but received it as a substitute accident after hearing the answer of "no", the employee of the victim's insurance company was called to inform the victim of his personal information, and the employee of the victim's insurance company came to know of the personal information of the defendant, the victim's insurance company was committed after investigating with the victim, and the victim's personal information could be seen as being committed as an injury because of minor injury on the part of the victim.

In light of the fact that there is no enemy, the defendant escaped.

shall not be deemed to exist.

Nevertheless, the lower court found the Defendant guilty of this part of the facts charged, thereby adversely affecting the conclusion of the judgment.

2) The sentence sentenced by the court below to the defendant (the imprisonment of eight months and the suspension of execution of two years) is too unreasonable.

나. 검사 1) 사실 오인 이 사건 공소사실 중 도로 교통법위반( 사고 후미조치) 부분과 관련하여, 도주를 알아 챈 피고인을 추격할 가능성이 있었고, 땅에 떨어진 플라스틱 조각을 수거한 사실만으로는 교통상의 위험과 장해가 이미 제거되었다고

Although the lower court did not regard this part of the facts charged, it did not err by misapprehending the rules of evidence and thereby adversely affecting the conclusion of the judgment.

2) The sentence sentenced by the lower court to the Defendant is too unhued and unreasonable.

2. Determination:

A. 1) As to the Defendant’s assertion of mistake of the facts, the term “when a victim runs away without taking measures under Article 54(1) of the Road Traffic Act, such as aiding the damaged person under Article 5-3(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes” means that the driver of the accident is caused by an accident.